Terms and Conditions of   Supply

 

About us: 

  • We are The Inside, a 100% New Zealand and operated business. We are working to be New Zealand’s favourite interiors store.
  • We are a registered New Zealand Limited company. Our NZBN is
  • We are GST registered. Our GST number is 119-231-043.
  • theinside.co.nz is our website and online store. 
  • Our offices, showroom and warehouse are located at 16a Paru Paru Rd, Nelson, New Zealand.
  • You can email us at: hi@theinside.co.nz

 

 

1.          Application of these Terms

1.1      These Terms apply to the supply of all goods to the Customer (except to the extent they are inconsistent with the terms of any written supply agreement for the provision of specific goods to the Customer which is signed by The Inside). In the event of such inconsistency, the terms of the specific supply agreement will prevail.

1.2      Other than any written supply agreement (as specified in clause 1.1), these Terms supersede and replace any previous or existing negotiations, letters, offers, representations (either verbal or in writing) between The Inside and the Customer in relation to the supply of goods.

1.3      No variation, modification or substitution of these Terms (even if included in, or referred to in, the document placing the order) shall be binding on The Inside, unless specifically accepted by The Inside in writing.

1.4      The Inside may unilaterally change any of these Terms and will post amended Terms on its website, www.theinside.co.nz, from time to time.

 

2.          Price

2.1      The prices payable for the goods are as notified by The Inside to the Customer from time to time.

2.2      In addition to the price for the goods, the Customer is liable to pay any applicable taxes and levies, as well as any applicable delivery and freight charges. All prices are exclusive of Goods and Services Tax unless stated to the contrary.

2.3      Unless otherwise agreed to in writing by The Inside, The Inside reserves the right to vary the price stated for any goods to reflect any increase in the cost of supply to The Inside, including any increase in wages, salaries, cost of materials, services or exchange rate fluctuations between the date of the order and the date of delivery.  Prices may be altered at any time by The Inside without notice.

2.4      If there is an error in pricing online, in a product description, name or product image, The Inside reserves the right to contact the Customer and make the appropriate changes to the order. The Inside is under no obligation to provide the products to the Customer at a lower price where there is an obvious pricing error. If an alternative option is not agreed upon with the Customer, the order will be cancelled and the amount paid refunded.

 

3.          Delivery

3.1      Delivery of goods shall be deemed to occur when the goods are delivered to the Customer, the Customers premises or a location specified by the Customer, or when the Customer or its employees or agents take possession of the goods.

3.2      The Inside will make reasonable efforts to ensure delivery of goods is in accordance with any delivery timeframes agreed in writing but will not be liable for any loss or damage including consequential loss arising from any delay in delivery.

3.3      Delay due to circumstances not reasonably within the control of The Inside shall not entitle the Customer to cancel any order or refuse to accept delivery.

3.4      No claim for loss, damage or destruction of the goods in transit, or short delivery, will be considered by The Inside unless the Customer notifies the carrier and The Inside in writing immediately upon delivery. The Customer must also provide a detailed claim in writing within fourteen business days of delivery.

 

4.          Payment

4.1      All payments by the Customer to The Inside will be made without deduction or set-off, counter-claims or any other cause whatsoever.

4.2      Payment must be made in cash prior to delivery, unless otherwise agreed in writing by The Inside.

4.3      Where The Inside has agreed to extend credit to a Customer, payment of all invoices is due by the 20th of the month following the date of invoice unless a different payment deadline is agreed in writing by The Inside.

4.4      The acceptance by The Inside of any type of bank transfer shall not constitute payment until the payment has been fully cleared through the banking system into The Inside’s bank account.

4.5      If a dispute arises in relation to an invoice, and such dispute is not resolved prior to the due date for payment, the Customer shall make payment in full (as per the invoice) but any amount subsequently agreed or determined to have been overpaid will be refunded without delay by The Inside.

4.6      The Inside may terminate the Customer's ability to purchase goods on credit terms, or suspend or terminate any account held by the Customer, without notice for any reason.

4.7      Interest may be charged by The Inside on any amounts owing after the due date at the rate of 3% per month or part month.

4.8      In the event that an account is not paid by the due date, the Customer shall be liable to pay to The Inside in full any expenses (including debt collection costs), disbursements, legal costs and interest incurred by The Inside in obtaining payment of any overdue amounts.

4.9      To the extent permitted by law, all money received by The Inside from the Customer will be applied in the manner and order determined by The Inside in its sole discretion.

 

5.          Personal Property Securities Act 1999

5.1      The Customer grants to The Inside a security interest in the goods and their proceeds and accessions, to firstly secure payment of the purchase price of the goods, and secondly to secure payment of all outstanding debts and obligations of the Customer to The Inside from time to time.

5.2      The Customer agrees to do such acts and provide such information as in the opinion of The Inside (acting in its absolute discretion) may be necessary or desirable to enable The Inside to perfect under the PPSA the security interest (as defined in the PPSA) created in respect of the goods as a first-priority interest (including, if applicable, a purchase money security interest) or with such other priority as The Inside may agree to in writing.

5.3      The Customer must pay the costs, charges and expenses of and incidental to the need for, or desirability of registration of, a financing statement or financing change statement or any action taken by The Inside to comply with the PPSA (including complying with a demand given under section 162 of the PPSA) or to protect its position under the PPSA. The Customer must pay any costs incurred by The Inside, including legal costs on a solicitor-own client basis, arising from any disputes or negotiations with third parties claiming an interest in any goods supplied to the Customer.

5.4      While the goods continue to secure the Customers indebtedness and obligations to The Inside, the Customer must store the goods separately and clearly identify the goods as being subject to The Inside ’s security interest.

5.5      The Customer must not create or allow or permit the creation of a security interest (as defined in the PPSA) in any of the goods in favour of any person other than The Inside without first obtaining The Inside’s written consent nor may the Customer allow or permit the creation of a lien over any of the goods.

5.6      The Customer agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this contract. The Customer waives its rights pursuant to sections 116, 120(2), 121, 125, 129 and 131 of the PPSA and its rights to receive any verification statement relating to the security interests in the goods.

5.7      Where The Inside has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply and will not be limited by section 109 of the PPSA.

5.8      The Customer will not change its name without first notifying The Inside in writing of the proposed name change and the new name at least 7 days before the change takes effect.

 

6.          Products

6.1      Colour and Style: Product pictures displayed on product pages/listings (and design proofs on custom items) are for illustrative purposes only.  While we take considerable efforts to ensure the images reflect the products as accurately as digital media allows, your monitors, screens and mobile devices can give different colour representations.  As such, we do not guarantee an exact match of on-screen appearance to the actual product.

6.2      Descriptions:  Product are sold subject to its description. We take all reasonable care to ensure that all details and descriptions of Products are correct at the time when the relevant information was entered on to the Website system. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position at the exact moment you place an order. The dimensions given are written for your guidance. 

6.3      All Products shown on our Website are subject to availability. If a Product you have ordered is temporarily unavailable or discontinued by the manufacturer, we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund).

6.4      The purchase of custom items generally includes a design component, during which you will be emailed digital proofs for your approval and sign off.  Clause 6.1 applies to these proofs. Once these proofs have been approved, no further changes to the design can be made, and the order cannot be cancelled.

6.5      When artwork/files are supplied by you, we do not guarantee their print readiness and are not liable for the resolution, clarity, quality or representation of image on the custom product (mural, fabric, rug, splash back).   

 

7.          Ownership and Risk

7.1      The risk in any goods supplied by The Inside to the Customer shall pass on delivery.

7.2      Ownership of the goods remains with The Inside until payment is received in full for them and for all other goods supplied by The Inside to the Customer. The Customer shall be deemed to be a bailee of The Inside and acting in a fiduciary capacity in respect of any goods supplied by The Inside.

7.3      Until payment in full has been made to The Inside, the Customer acknowledges and agrees that:

a.      The Customer gives The Inside irrevocable authority to enter any premises occupied by the Customer, at any reasonable time, to remove any goods not paid for in full by the Customer and to resell the goods removed and apply the proceeds to any overdue amounts subject to any contrary provision in the PPSA. The Inside shall not be liable for any costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action.

 b.      If the Customer manufactures, intermingles or deals with the goods in such a way that they become an integral part of any other object then the Customer shall be deemed to do so as an agent of The Inside and ownership of the goods will remain with The Inside as principal.

c.      If the Customer sells the goods to a third party it shall become accountable to The Inside for the proceeds derived from such sale and the Customer shall hold such proceeds on trust for The Inside.

 

8.          Warranty and Returns

8.1      Where the New Zealand Consumer Guarantees Act 1993 applies to the supply of goods under these terms, the Customer may have additional rights under that Act.

8.2      Where goods are subject to manufacturers warranties, where possible, The Inside shall pass on to the Customer the benefit of any warranty given by its suppliers or a third party such as the manufacturer without itself being directly liable to the Customer under any warranty.

8.3      The Inside will only provide warranty services in respect of goods that were supplied by The Inside.

8.4      The Customer acknowledges and agrees that returns shall only be accepted by The Inside in accordance with The Inside’s returns policy as notified to the Customer from time to time on the www.theinside.co.nz website or otherwise in writing, and that the Customer may receive a credit for goods returned only if The Inside has consented in writing.  However, nothing in these terms or in the returns policy will limit or affect any rights that a non-business consumer may have under the Consumer Guarantees Act 1993.

8.5      Damage caused by misuse or abuse, neglect, accidental damage, improper voltage, liquid spillage, electrical damage due to power fluctuations such as surges or spikes, incompatible consumables or software, are not covered under warranty. Consumables or incorrect operation of any product according to the manufacturer’s recommendations, are not covered under the warranty.

8.6      Where the goods the Customer acquires from us are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where the Customer acquires the goods for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by common law will not apply and are excluded from these terms. 

 

9.          Return of Goods

9.1      No goods will be accepted for return without obtaining prior written approval from The Inside. Freight, handling and insurance charges will be at the Customer’s expense.

9.2      Goods approved for return must be accompanied with a copy of the relevant invoice or receipt and must be returned within 30 days of delivery. Goods returned that do not meet these conditions will be rejected and will not be shipped back to the Customer except at their expense (a handling fee may also apply).

9.3      Goods returned must be in new condition and in the manufacturer’s original undamaged container with all relevant materials.   The Inside reserves the right to reject goods not conforming to this condition or goods that are not in a saleable condition.

9.4      If the goods were correctly supplied, The Inside may, but is not obliged to, accept the return of the goods. Where goods are approved for return by The Inside, a 15% or $30 restocking fee, whichever is the greater, shall be payable by the Customer.

 

10.       Liability

10.1    Except as otherwise provided by statute, The Inside shall not be liable for any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from goods or advice provided by The Inside to the Customer and without limiting the generality of the foregoing of this clause The Inside shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss.

10.2    Should The Inside be found liable to the Customer for any reason notwithstanding clause 9.1, the Customer agrees that in no case shall the liability of The Inside exceed the purchase price of the goods giving rise to the liability.

10.3    The Customer shall indemnify The Inside against all claims of any kind whatsoever, however caused or arising, and without limiting the generality of the foregoing of this clause, whether caused or arising as a result of the negligence of The Inside or otherwise, brought by any person in connection with any matter, act, omission, or error of The Inside, its agents or employees in connection with the provision of the goods and/or services.

 

11.       Force Majeure

11.1    The Inside is not liable for any failure to supply or other default resulting from any event beyond The Inside's reasonable control.

 

12.       Privacy Act 2020

12.1    The Customer authorises The Inside to make credit inquiries of any credit agency or person, company or firm with whom the Customer had or may have dealings with concerning the Customers credit worthiness, credit history or credit capacity.

12.2    The Customer authorises any person or company to give information to The Inside as may be required in response to credit inquiries.

 

13.       Miscellaneous

13.1    If any provision or part of a provision of these Terms shall be invalid, void, illegal or unenforceable that provision or part provision shall be deemed deleted and the rest of these Terms remain in full force and effect.

13.2    These Terms shall be governed and construed in accordance with the laws of New Zealand and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts.

13.3    The Customer may not transfer or assign all or any of its rights or obligations under these Terms without the prior written consent of The Inside.

13.4    Failure or delay by The Inside to enforce any of these Terms shall not be deemed a waiver of any of the rights or obligations The Inside has under these Terms.

13.5    All communications to The Inside regarding the supply of goods and/or services should be directed to The Inside Limited, 16a Paru Paru Road, Nelson 7010.

 

14.       Definitions

14.1    "Customer" means the purchaser of goods and/or services from The Inside.

14.2    "The Inside" means The Inside Limited.

14.3    "PPSA" means Personal Property Securities Act 1999.

14.4    "Terms" means these Terms and Conditions of Supply (as amended from time to time).